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When is enough, Enough!

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erco1999

Junior Member
What is the name of your state?IL
I would like to explain then ask the question! On 22 Nov 94 the judgement came in for the plaintiff for an accident. She was awarded $3,031.01, plus court costs and said judgement shall be subject to interest at the rate of 9% per annum on the principal balance from time to time remaining unpaid and the monthly payments of $50.00 shall commence on 01 Dec 94 and shall be due on the first day of each succeeding month until such time as the judgement and interest have been paid in full. The payments made shall be applied first in payment of interest and the balance in reduction of principal.

There soon after the defendant lost his job and they worked with him to pay the amount of $28.00 a month. Which he did! In 1997 defendants wife contact attorney and offered to pay $40.00 a month to get on the right track, and as of todate has not missed one payment and has always arrived on time. On 13 Mar 03, Defendants wife contacted the Attorney again trying to find out what the balance was on the account which she had tried to get without fail on several other occassions. The reply came in the mail and to her surprise was blown away again. Because since she had been sending the bills out they had paid over $2900.00 to the attorney and that wasn't adding what her husband had paid before she came along. The reply stated:
I had a telephone message that you wanted to know what the current balance is. Enclosed please find Stipulation where in you agreed to pay $3,031.01 plus court costs, and that said judgement was subject to interest at a rate of 9% per annum. Your current balance is 122.35. As the judgement was taken on November 22, 1994, you have incurred $1,140.15 in interest. Therefore officially you balance is $1,262.50.

In April 2004, I called to request the balance again. This is the response.
You recently requested a balance on your account. As indicted in my letter to you dated March 17, 2003, your balance at that time was $1,262.50. Since that date we have recieved payments totaling $540.00. This brings you balance to $ 722.50 but does not include interest since March 17,2003.

Question, I thought the when the Judgement came down the payments were to go toward the interest first, I also thought that they would send me some kind of notice to let me know what my balance is every so often which I have requested on several occassions, And how many times am I going to have to keep paying over and over. I have worked with him and tried not to bug him. When I contact him which is usually years apart he get angry like I shouldn't be asking him any questions. But I would like this all to be done and over with. What to do and Is all of this legal? Maybe I am misunderstanding. Thank you

By the way we are not living in IL. We are stationed in GA!
 
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S

seniorjudge

Guest
You should be keeping track of how much you owe and how much you pay.

When you get down to the last payment, make sure you get a satisfaction and release of the judgment.
 

erco1999

Junior Member
Thank you for your reply, The problem is when I get down to the amount and call to find out his balance. That is to compare with mine. He gives it to me and then tacs on more. There is no set balance it seems like and I don't know what and when he keeps tacing it on. Everytime I call to find out, I get he is not in and we will give him a message. Then I get a letter in the mail. It is not my case it is my husbands and I am the one that writes out the bills( because my husband is in the military and is gone alot) I have been working on paying him off for 8 years now and he has been recieving payments for over ten years. I even send extra at times trying to show him we are making the effort. All I get slapped with is a thousand more dollars. I keep all my check stubs and everything. Thank you again I appriciate any advice I can get. :)
 

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